December 8, 2003

Honorable Thomas Hawley

Secretary of Education
South Dakota Department of Education and Cultural Affairs
700 Governors Drive
Pierre, South Dakota 57501-2291

Dear Secretary Hawley:

I am pleased to inform you that based on the clarifications you have provided us in your letter of
July 22, 2003, regarding the proposed administrative rules and schedule for adoption and the
policy manual for implementation of the South Dakota statewide accountability system, I have
determined that South Dakota has met all of its conditions of approval, with one exception. The
condition regarding the submission of data on the effect of multi-year averaging on AYP
determinations will not be lifted until sufficient data is provided to determine its impact on
schools making AYP. Your letter indicated that South Dakota's multi-year averaging data model
will be compiled beginning in 2003, and that the State will implement the averaging procedure in
2004 when a second year of assessment results will be available. Your letter also indicated that
the Board of Education will meet in December at which time it will conduct the first reading of
the proposed administrative rules, followed by a public hearing in March 2004, and the final
adoption during the Board's final meeting in June 2004. Finally, the Department is in receipt of
South Dakota's starting points for reading and mathematics, and the additional information you
provided pertaining to specific targets for the attendance and graduation rates.

I appreciate South Dakota's efforts to meet the Title I requirements and your cooperation during
the entire approval process. If, over time, South Dakota chooses to make changes to the
accountability plan that has been approved, you must submit information about those changes to
the Department for approval, as required by section 1111(f)(2) of Title I. Approval of South
Dakota's accountability plan is not also an approval of South Dakota's standards and assessment
system. As South Dakota makes changes in its assessments to meet requirements under the No
Child Left Behind Act of 2001, South Dakota must submit information about those changes to the
Department for peer review through the standards and assessment process.

Please also be aware that approval of South Dakota's accountability plan for Title I does not
indicate that the plan complies with Federal civil rights requirements, including Title VI of the
Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements
under the Individuals with Disabilities Education Act.

Thank you for your hard work in accomplishing this important milestone in implementing the No
Child Left Behind Act. We look forward to working with you as you ensure that no child is left
behind.

Sincerely,

Ronald J. Tomalis
Acting Assistant Secretary